Oddly Enough John, None Of The Others Endangered Their Own Veep’s Life, By “Questioning”.

Tonight’s reality distortion bubble sophistry from Hinderaker hopes we will conflate / equate “questions” about a result with… Tangerine’s undisputed bad faith lies about an event Pence had told him forcefully he was powerless to decertify.

It is also a fact that around 1:30 pm on Jan. 6, after Tangerine tweeted that Pence was a “coward”, his body people assessed the Veep was in mortal danger from the now storming rioters, and Secret Service agents moved him immediately to a classified but secure location.

Yeah, John — sure sure — all Tangerine did was “question”.

Show me any other moment in 260 years of US history that an outgoing / fired — but result defying — CoC intentionally endangered his own Veep.

You, sir, are nothing more than… a belching buffoon.

Out.

Overnight In Oakland’s US Dist. Ct., Judge Jon Tigar Has Ruled That The New Biden Presumption “Against Asylum Status” Cannot Continue, While Appealed

We mentioned this renewed East Bay IV class litigation a few weeks ago when USDC Judge Tigar correctly ruled that the new order is simply a… rehashing of the older Tangerine order, already stricken as invalid.

Nothing in our laws or international treaties permits a presumption against a person at any border claiming and invoking putative asylee status. To the extent that Mr. Biden tried to create such a presumption from whole cloth, or require that putative asylees must cross at a recognized port of entry… it is… unenforceable. So ruled the able Judge Tigar — and he has now ended the short time-out, on invalidating Mr. Biden’s measures. They are now… gone — until the appeals are decided, at a minimum.

Here is that wise four page opinion, and a bit:

“. . .The first factor, likelihood of success on the merits, is the most important.” Mi Familia Vota v. Hobbs, 977 F.3d 948, 952 (9th Cir. 2020). In their motion for stay, Defendants do not articulate on what basis they believe they are likely to succeed on the merits of their appeal. ECF No. 190 at 7. Defendants simply state that, “as [they] explained in their briefing and at argument, the Rule is consistent with the asylum statute, is not arbitrary and capricious, and satisfies all applicable procedural requirements.” Id. For the reasons articulated in the Court’s order granting summary judgment to Plaintiffs, however, the Court concludes that Defendants have not made a strong showing that they are likely to succeed or shown a substantial case for relief on the merits….

While the Court is mindful of the Executive’s unique role in the conduct of foreign policy, “[o]ur precedents, old and new, make clear that concerns of national security and foreign relations do not warrant abdication of the judicial role.” Holder v. Humanitarian Law Project, 561 U.S. 1, 34 (2010). And while “[t]he [G]overnment’s interest in efficient administration of the immigration laws at the border is… weighty,” “control over matters of immigration is a sovereign prerogative, largely within the control of the executive and the legislature.” Landon v. Plasencia, 459 U.S. 21, 34 (1982) (emphasis added) ; see Fiallo v. Bell, 430 U.S. 787, 792 (1977) (“[O]ver no conceivable subject is the legislative power of Congress more complete than it is over the admission of [noncitizens].”)….

Here, Congress has expressly provided that certain noncitizens may apply for asylum and has constrained the agencies’ discretion to impose additional conditions or limitations on asylum eligibility. Judicial review of such conditions to ensure fidelity to the express will of Congress is an appropriate exercise of judicial authority. And the Court notes that vacating the Rule does not affect the agencies’ discretion to deny any or all individual applications for asylum — Congress vested the agencies with that broad discretion by statute. Congress’ grant of authority to promulgate additional conditions and limitations on asylum eligibility, however, was circumscribed. The Executive Branch retains the full extent of the lawful tools it has available to address irregular migration and manage the border. . . .

Now you know — out, grinning. This is the right result — and it pains me, personally, that Mr. Biden seemingly chose pandering politics, over principles of statutory construction — in this matter. Onward, just the same. Our system is messy and slow. . . but in the main, it works (see mine of this morning, on that score).

नमस्ते

This Third Indictment Addresses Whether We Will Remain A Nation Of Ordered Liberty, With Checks And Balances — Or Just A Mob-Ruled Darwinian Bunch Of Thugs.

Much more so than the earlier two felony indictments, with now over 80 counts in the aggregate, this one strikes at — and will ask judges to decide — who we will be, as a nation.

It is nearly impossible to overstate the historic importance (and peril) of this moment. Perhaps not since the signing of the Declaration, or the end of the Civil War. . . have we, as a people, been at such a defining… fork in the road.

[His very own hand picked Vice President’s views and actions are cited over 100 times in this document.] Here’s the Special Counsel’s take on it, and a bit:

…Good evening. Today, an indictment was unsealed charging Donald J. Trump with conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. The indictment was issued by a grand jury of citizens here in the District of Columbia and sets forth the crimes charged in detail. I encourage everyone to read it in full.

The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a bedrock function of the U.S. government, the nation’s process of collecting, counting, and certifying the results of the presidential election.

The men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes. They’re patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States….

For my part, I am encouraged. We will collectively turn our back on this would be despot. While he belongs in jail, it almost doesn’t matter to me whether he is incarcerated eventually now.

In this one, his own former running-mate, and the former Vice President has sworn under oath that he knew he had lost, but persisted in lies that got people killed. That’s gonna’ leave a mark.

[Almost as a footnote, it is unfortunate in the extreme, this morning after, that Scott Johnson and John Hinderaker (as of last night) want to be counted among those who wish we only had a “system” of Darwinian rule — of mob “decision making“, driven only by whomever has the most guns and bombs trained on the Capitol Rotunda, at any given moment.

I am confident all their collected ancestors (regardless of party) are… cringing. Spinning in their graves.] Out.

नमस्ते

We’ve Been Covering It For Over A Decade, But The Heirs Of Henrietta Lacks Did See Some Justice, Today…

Thermo Fisher has settled. Ben Crump wins another one. And this is clearly the right result — even if the precise financial terms are confidential. [One of my several backgrounders, here.]

And they are. But bit by bit… restorative justice is coming, in America — for families like the Lacks:

…Lacks’ only surviving child, Lawrence Lacks Sr., lives to see justice done, grandson Alfred Lacks Carter Jr. said. Now 86, Lawrence Lacks was 16 when his mother died.

“There couldn’t have been a more fitting day for her to have justice, for her family to have relief,” Carter said. “It was a long fight — over 70 years — and Henrietta Lacks gets her day….”

In a brief filed in support of the Lacks family, attorneys advocating for civil rights, women’s rights and health care equity said the case is one of many in which U.S. doctors and scientists have exploited minority patients. Another example they cited involved James Marion Sims, a 19th century Alabama surgeon heralded as the father of modern gynecology who performed experimental surgeries on a dozen enslaved women without the use of anesthesia, claiming Black people could endure more pain than white people….

“In the same year Mr. Lacks was self-publishing a book in the hopes of finding some help for his family, the CEO of Thermo Fisher received a compensation package of over $26 million,” the brief says….

Thermo Fisher still sells the HeLa cells for a profit — over seventy years after they were harvested — and she had died penniless, and without any idea that she is — in many ways… the mother of the research that gave us a polio vaccine. When you know better… you do better.

नमस्ते

In Which Hinderaker Just Seems “Too Clever” — By Half…

Tonight he writes: “…[The Democrats] want [Trump] to be the Republican presidential nominee in 2024, and then they want him to lose the general election. So far, that strategy seems to be working like a charm….”

Only one quibble — IF the GOP does not nominate him, all Democrats and independent voters well know he will run third party.

Hilarious, as that is… clearly… a distinction without… a difference.

Nothing can stop a GOP loss in the general election of 2024 now.

Thanks for clearing that up, old chap.

Space Force Command (Formerly Air Force Space Command) Has Been In Colorado Springs For Decades…

And yet (the GOP moron) Sen. Tommy Tuberville, in Alabama — calls KEEPING it in its current location… “blatant patronage politics“.

Huh. Precious.

Look, I realize — as a former D1 NCAA football player and later, college football coach, he may have suffered a few too many concussions (common in his era) for his judgment to be considered even marginally passable… but leaving something in place (ie., NOT moving it to Tuberville’s state, as Tangerine had hurriedly tried as he left office) is not “patronage”.

Tuberville obviously doesn’t even understand the concept. [It is very near where the Air Force Academy is — and has been since the 1940s. Not a Biden/Obama thing, at all, bub.]

But nonetheless, he is holding up hundreds of military promotions and so on — because he wants to prevent the military women from getting family planning health services.

Yep — that’s why he wants it moved to Alabama, with its very restrictive anti-abortion laws.

Just how stupid is the jamoke?

Don’t bother. We already know: box of rocks… stupid; and feckless, too.

Out.

Tangent: Some MSM Guesses, On Pfizer’s Q2 2023 Results — May Resume This Longitudinal Series Of Comparisons. We Shall See…

Pfizer is considerably larger than Merck, yet over the last 18 months at least, it hasn’t posted as impressive results as Rahway. This is certainly in part due to a larger base, as the denominator in growth. . . but on balance both Lilly and Merck have outperformed it on the NYSE.

As far as main stream media guesses — on how its Q2 ’23 will turn out — do go read all of this — but here’s a bit:

…In the Primary Care segment, Pfizer expects significantly lower sales from its COVID products in the second quarter versus the first quarter.

Among COVID products, Pfizer records direct sales and alliance revenues from its partner, BioNTech for the COVID-19 vaccine, Comirnaty, and product revenues from its oral antiviral pill for COVID, Paxlovid.

Our estimate for direct sales and alliance revenues from BioNTech for Comirnaty is $1.23 billion, while that for Paxlovid is $610 million.

Alliance revenues from Bristol-Myers for Eliquis are likely to have provided top-line support. Continued oral anti-coagulant adoption and market share gains in non-valvular atrial fibrillation might have benefited alliance revenues from Bristol-Myers’ Eliquis sales in the United States and some European markets in the second quarter. The Zacks Consensus Estimate for alliance revenues from Eliquis is $1.86 billion while our model estimate is $2.0 billion….

Newly acquired products, including Nurtec ODT/Vydura for migraine and Oxbryta for sickle cell disease are expected to have contributed to the top line in the quarter. Nurtec ODT/Vydura was added to Pfizer’s portfolio with the acquisition of Biohaven in 2022. Oxbryta was added with the October 2022 acquisition of Global Blood Therapeutics….

Onward, to a glorious mid-summer morning here… I think the taco trucks will call to me for a late lunch — yep — I think… grin.

नमस्ते

In Which Bill Otis Takes To His “Ringside” Fainting Couch, Tonight…

Bill would tell us that the nation is in trouble, because… “censorship”. Or something.

And because of it, he feels he must vote for a man in 2024 who he himself intones he wouldn’t trust to be a dog catcher. Because… “censorship”. Or something.

He thinks the nation is doomed — or something — because… private actor / social media companies won’t let him take a crap on the white shag carpet, in their own well-appointed private living rooms, and repeatedly.

Man… who ARE these head cases?

Really — this is what a trained former prosecutor thinks of as… rational discourse?

Then sure — let him call this private party restricting access to megaphones… his errant version of some form of “censorship”… or something… but do NOT let him return to Twitter or FB or Insta- or YouTube.

He doesn’t even understand the plain text of the First Amendment. Why should we worry abut his precious fee- fee-s?!

Nah…. Just leave him to his fainting couch, folks. He’s better off there. Trust me.

And Now, Hinderaker Trafficks In Tabloid Fodder….

When John Hinderaker feels he’s entitled to use the recent tragic drowning of a former Presidential chef, as an excuse to invoke Mary Jo Kopechne (also accidentally drown, but over a half century ago!), solely because it happened in the same 100 square mile area… (an over three hour drive, overland, but shorter distance by waterway, as the crow flies) we may confidently assert… Hinderaker’s lost it.

John is not just hideously insulting a good man — after his tragic death has ended his ability to respond.

He is not just defaming the 44th President. He is not just libeling two daughters of the former President… he attempts, tonight, to make some sort of loony scandal… out of… nothing other than a pure tragedy.

This sort of depravity… is telling, of mental illness.

Shut up, Hinderaker.